F & J Electrical CC v MEWUSA obo E Mashatola and Other (CCT 131/14) [2015] ZACC 3; 2015 (4) BCLR 377 (CC); (2015) 36 ILJ 1189 (CC); [2015] 5 BLLR 453 (CC) (17 February 2015)

F & J Electrical CC v MEWUSA obo E Mashatola and Other (CCT 131/14) [2015] ZACC 3; 2015 (4) BCLR 377 (CC); (2015) 36 ILJ 1189 (CC); [2015] 5 BLLR 453 (CC) (17 February 2015)

The Constitutional Court held that the Labour Court erred in granting default judgment and refusing rescission. The Labour Court failed to establish jurisdiction, as the referral was out of time and no condonation was sought. The court relied on affidavits not served on the applicant and inconsistent with the statement of claim, resulting in procedural unfairness. The Labour Court also failed to consider the applicant's prospects of success in the rescission application. The default judgment was therefore erroneously granted and had to be rescinded. The applicant was granted leave to deliver its response to the statement of claim within ten court days. No order as to costs was made,...

Citation
[2015] ZACC 3
Parties
Applicant: F & J Electrical CC; Respondent: MEWUSA obo E Mashatola and Others
Court
Constitutional Court
Jurisdiction
South Africa
Judgment Date
17 February 2015
Case Number
CCT 131/14
Procedural Posture
Leave to Appeal / Application for Leave to Appeal and Appeal From Labour Court Default Judgment and Rescission Refusal
Outcome
Appeal upheld; default judgment rescinded; applicant granted leave to respond; no order as to costs.
Judges
Mogoeng, Moseneke, Cameron, Froneman, Khampepe, Leeuw, Madlanga, Nkabinde, Tshiqi, Van der Westhuizen, Zondo
Legal Topics
Automatically Unfair Dismissal, Trade Union Membership, Rescission of Default Judgment, Jurisdiction of Labour Court, Condonation, Compensation for Unfair Dismissal
Labour Law Civil Procedure Automatically Unfair Dismissal Trade Union Membership Rescission of Default Judgment Jurisdiction of Labour Court Condonation Compensation for Unfair Dismissal

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Parties

F & J Electrical CC

Applicant

MEWUSA obo E Mashatola and Others

Respondent

Procedural Posture

Leave to Appeal / Application for Leave to Appeal and Appeal From Labour Court Default Judgment and Rescission Refusal

Legal Issues

  1. 1 Whether the Labour Court had jurisdiction to adjudicate the dispute without a condonation application for late referral.
  2. 2 Whether the default judgment was erroneously granted in the absence of the applicant.
  3. 3 Whether affidavits not served on the applicant could be relied upon to grant default judgment.

Ratio Decidendi

The Constitutional Court held that the Labour Court erred in granting default judgment and refusing rescission. The Labour Court failed to establish jurisdiction, as the referral was out of time and no condonation was sought. The court relied on affidavits not served on the applicant and inconsistent with the statement of claim, resulting in procedural unfairness. The Labour Court also failed to consider the applicant's prospects of success in the rescission application. The default judgment was therefore erroneously granted and had to be rescinded. The applicant was granted leave to deliver its response to the statement of claim within ten court days. No order as to costs was made,...

Court Disposition

Appeal upheld; default judgment rescinded; applicant granted leave to respond; no order as to costs.

Orders

  • Leave to appeal is granted.
  • The appeal is upheld.